A police officer appealed against his conviction for manslaughter after being involved in a road traffic accident. Two were killed. The policemen complained as to the direction given on gross negligence manslaughter.
Held: Adomako could not apply in jurisdictions where causing a death by reckless driving is a possible alternative to a charge of manslaughter. ‘Where those statutory offences can be charged, as in Jamaica, the content of motor manslaughter must frequently bear some relation to them, in which event a definition has necessarily to be framed with reference to recklessness. There must be proof of an extra ingredient, over and above the elements proof of which will ground a charge of causing death by reckless driving, but in their Lordships’ opinion juries have to be directed on the meaning of recklessness if they are to give proper consideration to a charge of motor manslaughter. It follows that the authority of R v Seymour and R v Lawrence must still hold good in those jurisdictions, subject to the modification made by the recent decision of the House of Lords in R v G [2004] 1 AC 1034, to which their Lordships now turn. ‘ Though the judge’s directions were at fault, the faults wer not so serious as to fundamentally undermine the conviction. However in the context of the stautory charge of causing death by dangerous driving, the standard for proving manslaughter must be high. That standard had not been reached here. A conviction for the lesser offence was substituted, and the matter remitted for sentence.
Judges:
Lord Steyn, Lord Slynn of Hadley, Lord Hutton, Lord Rodger of Earlsferry, Lord Carswell
Citations:
[2005] UKPC 18, [2005] 2 WLR 1558, [2006] 1 AC 1
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Rex v Bateman CCA 1925
A doctor was convicted of manslaughter arising out of his treatment of a woman in childbirth. Lord Hewart CJ discussed the law governing manslaughter by negligence, which required, as the element distinguishing criminal from civil liability, proof . .
Cited – Regina v Shulman, Regina v Prentice, Regina v Adomako; Regina v Holloway HL 1-Jul-1994
An anaesthetist failed to observe an operation properly, and did not notice that a tube had become disconnected from a ventilator. The patient suffered a cardiac arrest and died, and the defendant was convicted of manslaughter, being guilty of gross . .
Cited – Regina v Lawrence (Stephen) HL 1981
The defendant had ridden a motor-cycle and hit a pedestrian. The court asked whether he had been reckless.
Held: The House understood recklessness as ‘a state of mind stopping short of deliberate intention, and going beyond mere inadvertence’ . .
Cited – Regina v Government of Holloway Prison, Ex parte Jennings HL 1983
J sought habeas corpus to avoid her extradition to California on a charge of manslaughter arising from a motor accident. Her counsel argued that the unlawful killing of another by the reckless driving of a motor vehicle on a road was no longer . .
Cited – Regina v Charlie Williamson 1993
(Court of Appeal of Jamaica) . .
Cited – Kong Cheuk Kwan v The Queen PC 10-Jul-1985
Two hydrofoils collided, causing deaths. The officers were charged with manslaughter.
Held: The Board applied to the situation the law which had developed for road traffic accidents. . .
Cited – Andrews v Director of Public Prosecutions HL 22-Apr-1937
The defendant was accused of manslaughter in a road traffic case.
Held: The House sought a simple definition of manslaughter which would be applicable for road traffic cases. Lord Atkin said: ‘My Lords, of all crimes manslaughter appears to . .
Cited – Regina v Seymour HL 1983
The court considered the relationship between the offences of manslaughter and causing death by reckless driving. The applicant argued that recklessness in a manslaughter case bore a different meaning from that which applied in respect of the . .
Cited – Commissioner of Police v Caldwell HL 19-Mar-1981
The defendant got drunk and set fire to the hotel where he worked. Guests were present. He was indicted upon two counts of arson. He pleaded guilty to the 1(1) count but contested the 1(2) charge, saying he was so drunk that the thought there might . .
Cited – Commissioner of Police v Caldwell HL 19-Mar-1981
The defendant got drunk and set fire to the hotel where he worked. Guests were present. He was indicted upon two counts of arson. He pleaded guilty to the 1(1) count but contested the 1(2) charge, saying he was so drunk that the thought there might . .
Cited – Elliott v C 1983
A 14-year old girl of low intelligence entered a shed, poured white spirit on the floor and set it alight. The fire destroyed the shed after she left. The allegation was that she was reckless. The justices applied Caldwell but inferred that in his . .
Cited – Regina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
Cited – Regina v Reid HL 1992
The defendant, convicted of causing death by reckless driving contrary asked the House to reconsider its decision in Lawrence on which the trial judge’s jury direction had been based.
Held: Lawrence remained good. (Lord Keith) ‘where the . .
Cited – Kizza Sealey and Marvin Headley v The State PC 14-Oct-2002
PC (Trinidad and Tobago) The defendant appealed his conviction. He said that his counsel had failed to ensure that the judge should mention the fact that he was of previous good character in defending him.
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 07 February 2022; Ref: scu.224733